Reel2Media, LLC

Terms and Conditions

Last updated 02,21,2020

 

These Terms and Conditions (the “Terms”) are a binding contract between you and Reel2Media, LLC and its affiliates, corporate parent(s), and subsidiaries (collectively, “Reel2Media,” “us,” “our,” or “we”). These Terms, together with our Privacy Notice, govern your use of www.reel2media.com and other websites we own or operate (collectively, the “Site”) and our Amazon Alexa Skills on Amazon’s Alexa service on any Alexa-enabled device (“Alexa device”), as well as mobile applications and other software, products, services, and devices we develop, publish, or otherwise offer (each a “Skill” and collectively our “Skills”). Any Terms used in these Terms without defining them have the definitions given to them in the Privacy Notice.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER APPLICABLE TO ANY DISPUTES BETWEEN YOU AND REEL2MEDIA.

Please note that additional, separate Terms and conditions may apply to your download, installation or use of a Skill as provided in the applicable license Terms or documentation pertaining to that product. These Terms do not limit or supersede terms in the applicant license Terms or agreement pertaining to your use of the Skill.

Acceptance. To access, browse, or use our Site or download or access our Skill, you must agree to be unconditionally bound by these Terms. If you are accessing the Site or Skill on behalf of a legal entity, you represent and agree that you are authorized to act on behalf of the legal entity and to bind such legal entity to these Terms. These Terms will remain in effect while you use the Site or the Skill. If you do not agree and accept these Terms, you may not use, and must immediately cease all use of, the Site and the Skill. If you have any questions regarding these Terms, please contact us at hello@reel2media.com.

Consent to Do Business Electronically. By accessing our Site, downloading or using our Skill, registering with us, typing your name into any of our electronic forms and indicating your acceptance, or submitting information by clicking a box, you consent to the general use of electronic records and signatures in our relationship with you.

Amazon Alexa Terms. The Skill is a “Third Party Service” as that term is used in the Amazon Alexa Terms of Use, and your use of the Skill will be further governed as set forth therein.

Privacy Notice.  Your interactions with Reel2Media via the Site or the Skill are subject to the Reel2Media Privacy Notice . By accessing the Site, or downloading or using our Skill, you consent to the collection and processing of data as described in our Privacy Notice, and you warrant that all data provided by you is accurate. The use of the Skill is voluntary. The Skill uses the public internet, third-party networks, and inside wiring in your premises to communicate, by voice with us. By installing the Skill, you are authorizing Reel2Media to perform the actions and/or share with Amazon the information communicated to us, or requested from us. Reel2Media will send that information through Amazon, which will then go through the internet. You may review our Privacy Notice at any time by visiting our Site and clicking on the Privacy Notice link on the Site.

Using the Skill. To access the Skill, you must (1) enable the Skill; (2) have an Alexa device; and (3) have an Amazon account. To use the Skill, you will have to speak commands and questions aloud to your Alexa device, and you will receive responses aloud. By setting up your Alexa device with the Skill, you are authorizing us to provide information to the device based on the device’s security settings. For example, the settings on your device may allow the device to save information about your use of the Skill for easier access. You are responsible for all of the interactions with Reel2Media via the Skill. Any communication to Reel2Media via Alexa will be treated by us as a communication authorized by you, and any communication from Reel2Media via Alexa in response to a request received from your Alexa-enabled device will be treated by us as a communication to you. It is also possible that Alexa (and the equipment Alexa is installed on) and/or Amazon will record your interactions with the Skill or with Alexa. Consult your agreements with Amazon to learn more about how Amazon and your Alexa-enabled device treat those interactions.

Skill Availability and Accuracy. The Skill is made available free of charge, but you may require a purchase or subscription to access certain features. We do not guarantee that the Skill, or any Content on it, will always be available or be uninterrupted. Reel2Media may suspend, withdraw, discontinue or change all or any part of our skill without notice. We will not be liable to you if for any reason the Skill is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Skill, and for ensuring that anyone who accesses our skill through your internet connection are aware of these Terms and other applicable Terms and conditions, and that they comply with them. You acknowledge that Reel2Media did not design or manufacture Alexa or your Alexa device and did not design or has no control over the other software that runs the Alexa device (e.g., Alexa and other third-party applications). Alexa could malfunction. Alexa may not hear you correctly and may incorrectly translate what you say, or even say something to you different than what you asked it to say. By accepting these Terms, you understand and agree that Reel2Media is not responsible for inaccuracies in your interactions with us using the Skill. We may update the Skill from time to time. However, please note that any of the Content on the Skill may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Skill, or any Content on it, will be free from errors or omissions.

Mobile Application. The Skill may include features that allow for its use via a mobile application and may be amended or withdrawn, at any time and for any reason. To use the Skill via a mobile application, you must have a compatible mobile telephone or handheld device, Internet access (if required by the App), and the necessary minimum specifications (“Software Requirements”).  The Skill software may be upgraded from time to time to add support for new mobile application functions and services. The Skill may request certain privacy permissions from time to time including, but not limited to, access to your device camera or choosing images from your device or access to your device microphone and associated features. You acknowledge that the Terms of agreement with your respective mobile network provider will continue to apply when using the Skill via a mobile application. Data and messaging charges may apply to your use of the Skill via a mobile application or any text messaging or photo sharing features you use via the Skill via a mobile application. You accept responsibility for any such charges that arise.  If you are not the bill payer for the mobile telephone or handheld device being used to access the Skill via a mobile application, you will be assumed to have received permission from the bill payer for using the Skill via a mobile application.

Contents and Ownership. Unless otherwise expressly indicated, the information contained on this Site and in the Skill including, but not limited to, all products, services, and related documentation available on the Site or the Skill; and all features, functionality, ideas, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, and other materials, as well as names, logos, taglines, trade dress, and other trademarks on the Site or in the Skill, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) owned, controlled, or licensed by Reel2Media or its affiliates, or are the property of their respective owners. The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. No license to or regarding any of the Contents is granted in connection with your use of the Site or Skill, except as specifically set forth in the applicable license Terms pertaining to certain Skills. Only a duly authorized officer of Reel2Media may grant permission or a license to use any of our Contents; any attempted grant or similar promise by anyone other than a duly authorized officer of Reel2Media is invalid. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of Reel2Media. You may only display, download, and print in hard copy format the Contents for the purposes of using the Site as an internal or personal business resource.  Reel2Media’s trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Reel2Media. You may not use any meta tags or any other hidden text utilizing a Reel2Media name, trademark, or product name without Reel2Media’s prior written permission. Third-party trademarks and service marks used on our Site are the property of their respective owners, and we use them with their consent. Reel2Media and the other licensors of the marks on our Site reserve all rights with respect to all Contents and all intellectual property.

Reports. Reel2Media may, from time to time, de-identify the Personal Information (“De-identified Information”) that we collect directly from you and combine it with others’ De-identified Information in order to generate reports and studies. Reel2Media uses these reports and studies for internal purposes only. Any such reports or studies are the sole and exclusive property of Reel2Media. You hereby assign any rights you may have to such reports, studies, and your De-identified Information contained therein to Reel2Media in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All De-identified Information will be treated as nonconfidential and nonproprietary. Reel2Media shall be under no obligation of any kind with respect to such De-identified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, Reel2Media may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.

Your License. As a user of the Site or Skill, you have a revocable, non transferable, non exclusive license to access the Site, view information contained on the Site, and interact with the Site, or download or use the Skill solely for your own personal use. You may not use the Site or Skill for any commercial purpose (other than for transacting business with Reel2Media) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Site or Skill or any portion thereof (including the Content) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site or Skill. Tampering with the Site or Skill, conducting fraudulent activities on the Site or via the Skill, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Site, the Skill, and/or any of Reel2Media’s other products or services.

Restrictions to Your Use. Accessing the Site or Skill does not authorize you to use any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might confuse or that disparages Reel2Media. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents on this Site or the Skill, including reproduction for purposes other than as noted above, without the prior written permission of Reel2Media, is strictly prohibited. You understand that your use of the Skill is voluntary and that you assume full, exclusive, and sole responsibility for the use of and reliance on the Skill.  Reel2Media has the right to block or terminate your access to the Skill if it determines in its sole and absolute discretion that you failed to use the Skill or any feature in accordance with these Terms. Failure to use the Skill according to the Terms and Conditions or applicable laws may also subject you to civil and/or criminal liability.

Security Features. You are strictly prohibited from violating or trying to violate the security features of the Site or Skill, such as by:

  •   accessing data not intended for you or logging onto a server or an account that you are not authorized to access.
  •   attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing.
  •   attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
  •   sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or Skill or any activity being conducted thereon. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Linking to the Site or Skill. You may link to our Site homepage or our Skill, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You are prohibited from establishing a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site or Skill in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to make any use of Content on our skill, please contact us.

Links to Other Websites. Links to websites from the Site or Skill are provided solely for your convenience. Reel2Media is not responsible for the Content of any other websites, nor do we make any representations about the Content or accuracy of material on any other websites. Inclusion of any linked website on our Site does not imply Reel2Media’s approval or endorsement of the website. If you click through to another website, you do so at your own risk. When you click on links that take you to external websites, you will be subject to their privacy notices and practices and not ours. Any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the external website’s owner or operator.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE OR SKILL IS AT YOUR SOLE RISK. EXCEPT AS SPECIFICALLY PROVIDED IN THE RELEVANT PRODUCT DOCUMENTATION OR LICENSE TERMS, THE SITE AND THE SKILL IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS WITH ALL FAULTS AND DEFECTS, AND Reel2Media MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Reel2Media, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SITE OR SKILL IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY THAT THE SITE OR SKILL WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Reel2Media, ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Reel2Media AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COST, EXPENSE, OR DEMAND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OR MISUSE OF OUR SITE OR SKILL, (B) YOUR BREACH OF OUR TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.

Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Reel2Media OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS OR ANY OF ITS OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SITE OR SKILL, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER.

Geographic Restrictions. Reel2Media controls and operates the Site and Skills from its offices within the United States. You may not be able to access all or some of the Site or Skill outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. If you choose to access the Site or Skill from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Governing Law and Venue. Claims relating to, including the use of, the Site and the Contents contained herein are governed by the laws of the United States and the State of Washington, without regard to its conflicts of laws rules. Any legal suit, action, or proceeding arising out of or related to these Terms or Reel2Media’s Site or Skills shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver. You hereby waive any right to commence or participate in any class action lawsuit against Reel2Media related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against Reel2Media otherwise commenced.

Miscellaneous. You may not assign, delegate, or transfer these Terms, or your rights or obligations hereunder, or your Site or Skill account, in any way (by operation of law or otherwise) without prior written consent from Reel2Media. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. Reel2Media’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms are held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Reel2Media as a result of these Terms or your use of the Site or Skill.

Changes to These Terms. Reel2Media reserves the right to modify these Terms at any time by updating this posting without notice. All changes are effective immediately when posted and apply to all access to and use of the Site and Skills. If you use the Site or Skill in any way after a change to the Terms is effective, that means you agree to all of the changes.

Contact Us. If you have any questions about these Terms, please contact us a hello@reel2media.com